Terms of Use

Welcome to PrimeOrbit. These Terms of Use ("Terms") govern your access to and use of PrimeOrbit's website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

PrimeOrbit provides cloud cost management and optimization solutions designed to help businesses monitor, analyze, and optimize their cloud infrastructure spending. Our Services may include:

• Cloud cost analytics and reporting
• Cost optimization recommendations
• Budget management and alerts
• Resource utilization insights
• Multi-cloud visibility and management

To access certain features of our Services, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Transmit any malware, viruses, or other malicious code
• Use the Services to infringe upon the intellectual property rights of others
• Reverse engineer, decompile, or disassemble any portion of the Services
• Resell, sublicense, or redistribute the Services without our prior written consent
• Use automated scripts or bots to access the Services without authorization

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, and the selection and arrangement thereof, are owned by PrimeOrbit, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes in accordance with these Terms.

Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy. By using our Services, you consent to our collection and use of data as described therein.

You retain all rights to your data that you submit to or through the Services ("User Data"). You grant PrimeOrbit a limited license to use, process, and store your User Data solely to provide and improve the Services.

Certain Services may require payment. If you subscribe to a paid Service:

• You agree to pay all fees associated with your subscription plan
• Fees are non-refundable except as expressly stated in these Terms
• We may change our fees upon 30 days' notice
• You authorize us to charge your payment method on a recurring basis
• Failure to pay may result in suspension or termination of your access

Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed by the other party. This obligation does not apply to information that: (a) becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRIMEORBIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

We do not guarantee any specific results from using our Services, including any particular level of cost savings or optimization outcomes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRIMEORBIT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES.

PRIMEORBIT'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PRIMEORBIT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless PrimeOrbit and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Data.

These Terms remain in effect until terminated. You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice.

Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or by sending you an email. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and PrimeOrbit regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: PrimeOrbit shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control.

If you have any questions about these Terms, please contact us at:

PrimeOrbit
Email: legal@primeorbit.com